Introduction

Courts and counsel (government and defense) often utilize
psychological, psychiatric, and related services in criminal and civil
proceedings involving Criminal Justice Act (CJA) clients. Some of those
services are paid for from CJA funds, in limited circumstances as
explained below.

Defense Services

CJA funds are used to pay for psychiatric and related services
obtained under subsection
(e) of the CJA, upon a determination that the services are
"necessary for an adequate defense." The Guide refers to these services
as "defense services," where the defendant selects the
expert and
controls the disclosure of the expert's report. As such, they are
independent from the court and the government. [Guide, Vol. 7,
§ 320.20.20(a)]

The defense request may be made ex parte, and may include
requests to obtain independent examinations of competency to stand
trial, insanity at the time of the offense, or with respect to other
mental conditions, as "necessary for an adequate defense." (These
requests may be in addition to, and are independent of, other
examinations that may be ordered by the court, where the defense does
not select the expert and does not control disclosure of the expert's
report.)

Non-Defense Services

There are many other circumstances in which payment for the services
of psychiatrists and related experts is made from a source other
than the CJA appropriation.

The Guide refers to these services as "non-defense services,"
where the court or the government selects the expert, and access to the
expert's report is not limited to the defendant. The Department
of Justice (DOJ)
generally pays for these non-defense services. [Guide, Vol. 7,
§ 320.20.20(b)]

Chapter 313 of Title 18 (18 U.S.C. §§ 4241-4248)
provides for court-directed examination of individuals in connection
with various proceedings to determine mental condition. See the Guide, Vol. 7, § 320.20.10.
As a general rule, these evaluations are paid for by the Department of
Justice (DOJ) and not with CJA funds. These examinations are to
determine:

the present mental condition of an imprisoned person who objects to transfer to a treatment facility, [18 U.S.C. § 4245],

the present mental condition of a hospitalized person due for release [18 U.S.C. § 4246], and/or

the present mental condition of a person who has been certified by
the Attorney General or Director of the Bureau of Prisons to be a
sexually dangerous person. [18 U.S.C. § 4248].

Determining Payment Responsibilities

There is a chart in the Guide, Vol. 7, § 320.20.60,
which specifies whether the CJA or DOJ is responsible for payment,
based on the statutory purpose of the examination, the type of service
involved (i.e., examination or testimony), and whether or not it
matters which party calls the witness or requests the examination.